employment terminated, I-797 expired. Planning to apply for H4 from india

commonman23

New Member
Hi,
I was working on h1b and my I-140 has been approved. On Sept 5, my employer notified me of employment termination and notified USCIS on Sept 8(revoked filed petition). My I-797 also expired on Sept 8.I got engaged on Aug 4. My fiance is also on h1b and her green card process has not been started. My parents have green card and brother is a citizen, We were planning to get married(court marriage) in US in November.But due to the unexpected circumstances, we decided to get married on 9/13 , right before I traveled to India(Sept 16). We invited a few friends to our wedding but, family could not make it on such a short notice.I am planning to apply for h4 visa andwant to be careful with my application. I have following questions. Any guidance/help would be highly appreciated,
1. Should I mention about 8 days of overstay in US in DS-160? If yes, should I mention the reason as liability of house, loans, car etc.
2. We have engagement pictures with family and court marriage picture with friends. We have a US marriage certificate. Is this enough to prove that our's is a bona fide marriage.
3. If VO asks will you work after going to states, should I say No and if Vo asks why, Can I say We are newly married and want to support my wife morally. She wants to continue with her job for some more time. Also, we have a property and loans which we need take care off.
4. If VO asks what will you do in states. Should I say I will initially be busy with property and loan matters and later I will do volunteer work in my free time, help my wife with household work.
5.Are you planning to do traditonal wedding. "No"
6.In DS-160, there is a question regarding length of stay. What should we answer as?
7. If VO asks why did not your wife travel with you. Answer: Her petition was pending decision and she had job responsibilities to fulfill.

Thanks!
 

1AurCitizen

Registered Users (C)
The short (and best) answers are.. the truth! Do not lie just to increase the odds of a visa. Lying gets an applicant in trouble.
Respond to the ds160 questions truthfully. No one is going to believe, let alone an experienced CO, that someone on an H1 for years is suddenly not going to work once admitted to the US; most Indians seek to COS as soon as they find an employer.

Have your parents and/or brother filed an immigrant petition on your behalf?
 

commonman23

New Member
Hi,
Thanks for your response!
My immigration petition was filed by my ex-employer. My i-140 was approved last year.
If I say that if I get an opportunity to work, I will take it up, won't it decrease chances of visa approval?

Thanks!
 

1AurCitizen

Registered Users (C)
There it is.. your two contradicting posts IS the issue. At first not wanting to work in order to support the wife and look after other matters, then changing tune to offer to work when given an opportunity. Are you willing to say ANYTHING to not decrease chances of a visa?

Dude, how difficult is it to be truthful.. irrespective of it's effect on a visa????
 

whitemimauz3

Registered Users (C)
Yes, sure you do disclose about 8 days overstay but I don't think this could be taken against you. You are well within grace period stay.
Go ahead tell them the truth that since your H-1B was withdrawn you choose to advance your marriage so that you can come to US on H4. After all you had already decided to get married.
Technically you shouldn't be working on H4 BUT if opportunity comes & some employer is willing to file H-1B on your behalf that is doable (change of status). Length of your stay is upto duration of H4 visa. Keep in mind your H4 will be approved for until your wife's H-1B validity period. If her H1B is currently pending & I-94 is expired I don't think US Dept of state will approve your H4 visa, you need to wait until H-1B is approved.
In DS-160 You sure need to mark yes where it says immigrant petition was filed on your behalf & show I-140 approval notice & show I-130 approval or receipt if it is pending (If I-130 was ever filed).
 
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